Mandatory Rules In International Arbitration

Author: George A. Bermann
Publisher: Juris Publishing, Inc.
ISBN: 9781933833668
Size: 30.22 MB
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"...[papers] originally presented at a colloquium on Mandatory rules of law in international arbitration held at Columbia Law School in June 2007 and organized by Professor George A. Bermann of Columbia Law School and Professor Loukas A. Mistelis of the School of International Arbitration, Queen Mary University of London" -- P. vii.

Pervasive Problems In International Arbitration

Author: Loukas A. Mistelis
Publisher: Kluwer Law International
ISBN: 9041124500
Size: 75.72 MB
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In a three-day symposium held at the School of International Arbitration, Centre for Commercial Law Studies (CCLS), Queen Mary University of London, on the occasion of its twentieth anniversary in April 2005, a stellar array of practitioners and academics undertook the task of taking a fresh look at some of the persistent legal and practice issues of international arbitration. The conference and this book derived from it illustrate the combination of the scholarly and the highly practical which has characterised the mission of the School of International Arbitration since its establishment in 1985. These insightful papers demonstrate not only the increasing breadth and scope of the subject, but also the way in which many of its themes and issues cross legal and disciplinary boundaries and pose questions for the future of the law and arbitration practice in an internationalised world. These include: and• public policy; and• mandatory rules; and• confidentiality; and• provisional measures; and• res judicata; and• costs; and• amicus briefs; and• groups of companies; and• parallel proceedings; and and• anti-suit injunctions.

Conflict Of Laws In International Arbitration

Author: Franco Ferrari
Publisher: Walter de Gruyter
ISBN: 3866539290
Size: 52.35 MB
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Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.

Foucahrd Gaillard Goldman On International Commercial Arbitration

Author: Philippe Fouchard
Publisher: Kluwer Law International
ISBN: 9041110259
Size: 13.75 MB
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This exhaustive treatise provides an in-depth analysis of the law and practice of international commercial arbitration, highlighting the worldwide movement towards an autonomous legal regime, free of the constraints of national law and of the law of the place of arbitration in particular. As well as exploring the application and the influence of the first modem arbitration statutes, enacted in France, the Netherlands and Switzerland in the 1980s, detailed consideration is given to the 1985 UNCITRAL Model Law, to recent arbitration legislation now in force in England, Germany, Belgium and Sweden, and to the new arbitration rules of the AAA, ICC and LCIA.

Comparative International Commercial Arbitration

Author: Julian D. M. Lew
Publisher: Kluwer Law International
ISBN: 9041115684
Size: 59.96 MB
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This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

International Contracts And National Economic Regulation Dispute Resolution Through International Commercial Arbitration

Author: Mahmood Bagheri
Publisher: Kluwer Law International
ISBN: 9041198105
Size: 21.36 MB
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The growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.

Concise Arbitration

Author: Mistelis
Publisher: Kluwer Law International
ISBN: 9041126090
Size: 70.50 MB
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Concise International Arbitration is part of Kluwer Law International's 'Concise' series. These publications have proven enormously valuable to busy practitioners who require a succinct, accessible and authoritative commentary on the most commonly-used instruments, unencumbered by dense legal argument. Each book in the series breaks down the relevant texts by article and by each paragraph of the article, followed by one or more notes. The intention is to give the reader a rapid appreciation of the meaning and effect of each provision and to point in the right direction should further information (e.g., case law) be needed.

Autonomy In International Contracts

Author: Peter Edward Nygh
Publisher: Oxford University Press
ISBN: 9780198262701
Size: 38.12 MB
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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

Choice Of Forum And Laws In International Commercial Arbitration

Author: Peter Edward Nygh
Publisher: Kluwer Law Intl
ISBN:
Size: 30.43 MB
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International commercial arbitration raises issues other than the choice of the law applicable To The principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law To The choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer To The questions of which choice of law rules, if any, should be applied by the arbitrators, To what extent arbitrators will apply mandatory rules (regrave;gles d'application immeacute;diate), As well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.